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koteswara rao jonnalagadda (c.e.o)     11 January 2011

salary and gratuty

i left the service in the year 2000-01,my employer not setteled the salary of two years,bonus and gratuty till today.it is a pvt ltd co,company is alive and mfg activity stoped since 1999.kindly guide me course of action.



Learning

 1 Replies

Kirti Kar Tripathi (lawyer)     12 January 2011

Every employee is entitled  to receive his dues from his employer. In case, he is in the employment of employer, the employer is bound to pay, his legal dues. Whether, he has taken work or not. In your case, the employer stopped making payment from 1999 and you left the job in the year on 2001. Though you are entitled for all the benefits under the law for intervening period but from 199 to 2011 almost 12 years passed, you are required to explain this in-ordinate delay. This delay may be fatal in you case particularly for claim of Gratuity as it is governed by special Act but other dues can be very well claimed under Section 33-C(2) of the Industrial Dispute Act. as there is no limitation for filing of any application under this section. 


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